How to read this table
The dollar limit
This is the maximum total value the estate (usually personal property only – see the FAQ below) can be worth for you to use the small estate process instead of full probate. Above this limit, most states require full probate through the court, with an executor or administrator obtaining Letters Testamentary or Letters of Administration.
The waiting period
Most states require a minimum number of days to pass after the death before you can use the small estate affidavit – this gives creditors and other potential claimants a chance to come forward. "None" means the state doesn't set a fixed waiting period for this specific procedure.
"No fixed cap*" states
Five states (Alabama, Alaska, Georgia, New Hampshire, New Jersey) don't use a single fixed dollar figure – instead they use a formula tied to other allowances, a court petition process without a stated ceiling, or a threshold that depends on your relationship to the deceased. These aren't loopholes; they just work differently. Check with your state's probate court for how it applies to your estate.
Small estate limits by state
Search or scroll to find your state.
| State | Estate value limit | Waiting period | Instrument used |
|---|---|---|---|
| Alabama | No fixed cap* | None | Summary Distribution of Small Estates |
| Alaska | No fixed cap* | 30 days | Small Estate Affidavit |
| Arizona | $200,000 | 30 days | Small Estate Affidavit |
| Arkansas | $100,000 | 45 days | Affidavit for Collection of Small Estate by Distributee |
| California | $208,850 | 40 days | Small Estate Affidavit |
| Colorado | $88,000 | 10 days | Collection of Personal Property by Affidavit |
| Connecticut | $40,000 | None | Affidavit in Lieu of Probate of Will/Administration |
| Delaware | $50,000 | 30 days | Small Estate Affidavit |
| District of Columbia | $80,000 | None | Small Estate Petition |
| Florida | $75,000 | None | Summary Administration |
| Georgia | No fixed cap* | None | Petition for Order Declaring No Administration Necessary |
| Hawaii | $100,000 | 30 days | Affidavit for Collection of Personal Property of the Decedent |
| Idaho | $100,000 | 30 days | Affidavit of Collection of Personal Property of Decedent |
| Illinois | $150,000 | None | Small Estate Affidavit |
| Indiana | $100,000 | 45 days | Small Estate Affidavit |
| Iowa | $50,000 | 40 days | Distribution of Property by Affidavit — Very Small Estates |
| Kansas | $75,000 | None | Small Estates Affidavit |
| Kentucky | $30,000 | None | Petition/Order to Dispense with Administration |
| Louisiana | $125,000 | None | Small Succession Affidavit |
| Maine | $52,500 | 30 days | Small Estate Affidavit |
| Maryland | $50,000 | None | Petition for Administration of Small Estate |
| Massachusetts | $25,000 | 30 days | Voluntary Administration Statement |
| Michigan | $53,000 | 28 days | Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent |
| Minnesota | $75,000 | 30 days | Affidavit for Collection of Personal Property |
| Mississippi | $75,000 | 30 days | Affidavit of Successor |
| Missouri | $40,000 | 30 days | Small Estate Affidavit |
| Montana | $100,000 | 30 days | Affidavit for Collection of Personal Property |
| Nebraska | $100,000 | 30 days | Affidavit for Transfer of Personal Property without Probate |
| Nevada | $25,000 | 40 days | Affidavit of Entitlement |
| New Hampshire | No fixed cap* | None | Waiver of Administration |
| New Jersey | No fixed cap* | None | Affidavit of Surviving Spouse/Domestic Partner or Next of Kin |
| New Mexico | $50,000 | 30 days | Affidavit for Collection of Personal Property |
| New York | $50,000 | None | Voluntary Administration |
| North Carolina | $20,000 | 30 days | Collection of Property by Affidavit |
| North Dakota | $100,000 | 30 days | Affidavit for Collection of Personal Property of the Decedent |
| Ohio | $35,000 | None | Release from Administration |
| Oklahoma | $50,000 | 10 days | Small Estate Affidavit |
| Oregon | $75,000 | 30 days | Simple Estate Affidavit |
| Pennsylvania | $50,000 | None | Petition for Settlement of Small Estate |
| Rhode Island | $15,000 | 30 days | Voluntary Informal Administration of Small Estates |
| South Carolina | $45,000 | 30 days | Collection of Personal Property by Affidavit |
| South Dakota | $50,000 | 30 days | Collection of Personal Property by Affidavit |
| Tennessee | $50,000 | 45 days | Small Estate Affidavit / Limited Letters of Administration of a Small Estate |
| Texas | $75,000 | 30 days | Small Estate Affidavit |
| Utah | $100,000 | 30 days | Collection of Personal Property by Affidavit |
| Vermont | $45,000 | None | Summary Administration of Small Estate |
| Virginia | $75,000 | 60 days | Small Estate Act Affidavit |
| Washington | $100,000 | 40 days | Small Estate Affidavit |
| West Virginia | $50,000 | 30 days | Administration of a Small Estate Upon Affidavit and Without Appointment |
| Wisconsin | $50,000 | None | Transfer by Affidavit |
| Wyoming | $400,000 | 30 days | Payment of Indebtedness and Delivery of Tangible Personal Property or Instruments Evidencing Debt |
No state matches your search.
*No fixed dollar cap – see "Section 1" above for what this means in practice. Figures researched as of July 2026 against state statutes and probate court sources; always confirm the current figure with your state's probate court or an attorney.
Common questions about small estate limits
What is a small estate affidavit?
A small estate affidavit is a sworn document that lets an heir collect a deceased person's assets directly from banks and other institutions, without going through full probate court – as long as the total estate value is under that state's dollar limit and, usually, after a short waiting period.
Why does the dollar limit vary so much between states?
Each state sets its own probate law independently, so the limits (and even the mechanism – affidavit vs. petition vs. summary administration) were set by different legislatures at different times. Rhode Island's $15,000 and Wyoming's $400,000 are both real, current figures for their respective states.
Does the small estate value include the house?
Usually not entirely. Most states exclude real estate, or count only personal property (bank accounts, vehicles, personal belongings) toward the small estate limit, and separately exclude assets that already pass outside probate, like jointly-owned property or accounts with a named beneficiary. The exact rule differs by state, so check your state's specific statute.
How current are these figures?
This table reflects research as of July 2026, sourced from state statutes and probate court materials. State legislatures update these figures periodically (some are tied to inflation indexes), so always confirm the current figure with your state's probate court or an attorney before relying on it.